N. NAGARAJA SHETTY, PARTNER OF VASAVI FOOD PRODUCTS AND SRI VASAVI FOOD PRODUCTS Vs. STATE BY AGRICULTURAL PRODUCE MARKET COMMITTEE, REPT. BY ITS ASSISTANT SECRETARY SRI PUTTARAJU

JUDGEMENT

(1.) THIS Criminal Revision Petition is by the accused, who has been convicted by the trial court in respect of the offence under Section 138 of the Negotiable Instruments Act and was directed to pay Rs. 3,05,000/ - and in default to undergo simple imprisonment for six months. The lower appellate court dismissed the Criminal Appeal preferred by the Petitioner.

(2.) I have heard learned Counsel Shri P. Dhananjaya for the petit toners and learned Counsel Shri H.K. Thiremegowda for the Respondent -complainant.

(3.) THE learned Counsel for the Petitioner argued that the Petitioner had paid the amount due to the complainant and without paying the market fee, transportation permit would not be granted. It is, therefore, clear that the Petitioner had paid the necessary market fee. Therefore, the courts below were in error in holding that the Petitioner had not paid the market fee. It is also the contention of the learned Counsel for the Petitioner that the courts below did not consider the documents produced by the Petitioner. One more submission made is that, the Petitioner was forced to admit the issuance of cheque in question. For all these reasons, the petition be allowed.